USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ECTROMESELY ELED SOUTHERN DISTRICT OF NEW YORK DOC#: DATE FILED: _ 2/27/2023 ROBERT McFADDEN, Plaintiff, -against- SUPERINTENDENT WILLIAM KEYSER; DEPUTY SUPERINTENDENT OF SECURITY GARY SIPPLE; CAPTAIN KENNETH LETUS; SERGEANT LISA WILSON; SERGEANT RONALD MILLER; FOOD SERVICES ADMINISTRATOR ANTHONY RIZZUTO; HEAD COOK JOHN PAPAVASILOU; COOK 23-CV-802 (NSR) ANTHONY CARMINATI; INMATE GRIEVANCE PROGRAM SUPERVISOR ORDER OF SERVICE CORY PROSCIA; HEAD CHAPLIN OGBONNA STAINISLAUS; NURSE KATHLEEN BUTTLES; C.O. WILLIAM ELBERTH; C.0. EDMUND PUERSCHNER; C.0. TIMOTHY DOEINCK; C.O. OFFICER KINNE; C.O. RYAN SOUTHARD; C.O. PAUL HOLLAND; C.O. STEVE RYDER; C.O. GEORGE GILMOUR, SR.; HEARING OFFICER MORROW, Defendants. NELSON S. ROMAN, United States District Judge: Plaintiff, who is currently incarcerated in the Mid-State Correctional Facility, brings this pro se action under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act, regarding events that allegedly occurred at the Sullivan Correctional Facility, between 2019 and 2022. By order dated February 1, 2023, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.!
' Prisoners are not exempt from paying the full filing fee, even when they have been granted permission to proceed IFP. See 28 U.S.C. § 1915(b)(1).
A. Order of Service Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the Court and the U.S. Marshals Service to effect service.2 Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all process . . . in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to
serve if the plaintiff is authorized to proceed IFP)). To allow Plaintiff to effect service on Defendants: (1) Superintendent William Keyser; (2) Deputy Superintendent of Security Gary Sipple; (3) Captain Kenneth Letus; (4) Sergeant Lisa Wilson; (5) Sergeant Ronald Miller; (6) Food Services Administrator Anthony Rizzuto; (7) Head Cook John Papavasilou; (8) Cook Anthony Carminati; (9) Inmate Grievance Program Supervisor Cory Proscia; (10) Head Chaplin Ogbonna Stainislaus; (11) Nurse Kathleen Buttles; (12) Correctional Officer William Elberth; (13) C.O. Edmund Puerschner; (14) C.O. Timothy Doeinck; (15) C.O. Officer Kinne; (16) C.O. Ryan Southard; (17) C.O. Paul Holland; (18) C.O. Steve Ryder; (19) C.O. George Gilmour, Sr.; and (20) Hearing Officer Morrow through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process
Receipt and Return form (“USM-285 form”) for each of these defendants. The Clerk of Court is further instructed to issue summonses for each of these defendants and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon each of these defendants.
2 Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that summonses be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served the summonses and the complaint until the Court reviewed the complaint and ordered that summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued. If the complaint is not served within 90 days after the date the summonses are issued, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff’s responsibility to request an extension of time for service).
Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. B. Local Rule 33.2 Local Civil Rule 33.2, which requires defendants in certain types of prisoner cases to respond to specific, court-ordered discovery requests, applies to this action. Those discovery requests are available on the Court’s website under “Forms” and are titled “Plaintiff’s Local Civil Rule 33.2 Interrogatories and Requests for Production of Documents.” Within 120 days of service of the complaint, Defendants must serve responses to these standard discovery requests. In their responses, Defendants must quote each request verbatim.3 CONCLUSION The Clerk of Court is instructed to issue summonses for Defendants: (1) Superintendent
William Keyser; (2) Deputy Superintendent of Security Gary Sipple; (3) Captain Kenneth Letus; (4) Sergeant Lisa Wilson; (5) Sergeant Ronald Miller; (6) Food Services Administrator Anthony Rizzuto; (7) Head Cook John Papavasilou; (8) Cook Anthony Carminati; (9) Inmate Grievance Program Supervisor Cory Proscia; (10) Head Chaplin Ogbonna Stainislaus; (11) Nurse Kathleen Buttles; (12) Correctional Officer William Elberth; (13) C.O. Edmund Puerschner; (14) C.O. Timothy Doeinck; (15) C.O. Officer Kinne; (16) C.O. Ryan Southard; (17) C.O. Paul Holland;
3 If Plaintiff would like copies of these discovery requests before receiving the responses and does not have access to the website, Plaintiff may request them from the court’s Pro Se Intake Unit. (18) C.O. Steve Ryder; (19) C.O. George Gilmour, Sr.; and (20) Hearing Officer Morrow; complete the USM-285 forms with the addresses for each of these defendants, and deliver all documents necessary to effect service on each of these defendants to the U.S. Marshals Service. The Clerk of Court is kindly instructed to mail a copy of this Order and an information package to pro se Plaintiff at Plaintiff’s address listed on ECF and to show service on the docket. SO ORDERED. Dated: February 27, 2023 White Plains, New York NELSON S.ROMAN United States District Judge
DEFENDANTS AND SERVICE ADDRESSES Superintendent William Keyser Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Deputy Superintendent of Security Gary Sipple Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Captain Kenneth Letus Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Sergeant Lisa Wilson Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Sergeant Ronald Miller Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Food Services Administrator Anthony Rizzuto Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Head Cook John Papavasilou Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Cook Anthony Carminati Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Inmate Grievance Program Supervisor Cory Proscia Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Head Chaplin Ogbonna Stainislaus Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Nurse Kathleen Buttles Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 C.O. William Elberth Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 C.O. Edmund Puerschner Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y.
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USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ECTROMESELY ELED SOUTHERN DISTRICT OF NEW YORK DOC#: DATE FILED: _ 2/27/2023 ROBERT McFADDEN, Plaintiff, -against- SUPERINTENDENT WILLIAM KEYSER; DEPUTY SUPERINTENDENT OF SECURITY GARY SIPPLE; CAPTAIN KENNETH LETUS; SERGEANT LISA WILSON; SERGEANT RONALD MILLER; FOOD SERVICES ADMINISTRATOR ANTHONY RIZZUTO; HEAD COOK JOHN PAPAVASILOU; COOK 23-CV-802 (NSR) ANTHONY CARMINATI; INMATE GRIEVANCE PROGRAM SUPERVISOR ORDER OF SERVICE CORY PROSCIA; HEAD CHAPLIN OGBONNA STAINISLAUS; NURSE KATHLEEN BUTTLES; C.O. WILLIAM ELBERTH; C.0. EDMUND PUERSCHNER; C.0. TIMOTHY DOEINCK; C.O. OFFICER KINNE; C.O. RYAN SOUTHARD; C.O. PAUL HOLLAND; C.O. STEVE RYDER; C.O. GEORGE GILMOUR, SR.; HEARING OFFICER MORROW, Defendants. NELSON S. ROMAN, United States District Judge: Plaintiff, who is currently incarcerated in the Mid-State Correctional Facility, brings this pro se action under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act, regarding events that allegedly occurred at the Sullivan Correctional Facility, between 2019 and 2022. By order dated February 1, 2023, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.!
' Prisoners are not exempt from paying the full filing fee, even when they have been granted permission to proceed IFP. See 28 U.S.C. § 1915(b)(1).
A. Order of Service Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the Court and the U.S. Marshals Service to effect service.2 Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all process . . . in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to
serve if the plaintiff is authorized to proceed IFP)). To allow Plaintiff to effect service on Defendants: (1) Superintendent William Keyser; (2) Deputy Superintendent of Security Gary Sipple; (3) Captain Kenneth Letus; (4) Sergeant Lisa Wilson; (5) Sergeant Ronald Miller; (6) Food Services Administrator Anthony Rizzuto; (7) Head Cook John Papavasilou; (8) Cook Anthony Carminati; (9) Inmate Grievance Program Supervisor Cory Proscia; (10) Head Chaplin Ogbonna Stainislaus; (11) Nurse Kathleen Buttles; (12) Correctional Officer William Elberth; (13) C.O. Edmund Puerschner; (14) C.O. Timothy Doeinck; (15) C.O. Officer Kinne; (16) C.O. Ryan Southard; (17) C.O. Paul Holland; (18) C.O. Steve Ryder; (19) C.O. George Gilmour, Sr.; and (20) Hearing Officer Morrow through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process
Receipt and Return form (“USM-285 form”) for each of these defendants. The Clerk of Court is further instructed to issue summonses for each of these defendants and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon each of these defendants.
2 Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that summonses be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served the summonses and the complaint until the Court reviewed the complaint and ordered that summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued. If the complaint is not served within 90 days after the date the summonses are issued, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff’s responsibility to request an extension of time for service).
Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. B. Local Rule 33.2 Local Civil Rule 33.2, which requires defendants in certain types of prisoner cases to respond to specific, court-ordered discovery requests, applies to this action. Those discovery requests are available on the Court’s website under “Forms” and are titled “Plaintiff’s Local Civil Rule 33.2 Interrogatories and Requests for Production of Documents.” Within 120 days of service of the complaint, Defendants must serve responses to these standard discovery requests. In their responses, Defendants must quote each request verbatim.3 CONCLUSION The Clerk of Court is instructed to issue summonses for Defendants: (1) Superintendent
William Keyser; (2) Deputy Superintendent of Security Gary Sipple; (3) Captain Kenneth Letus; (4) Sergeant Lisa Wilson; (5) Sergeant Ronald Miller; (6) Food Services Administrator Anthony Rizzuto; (7) Head Cook John Papavasilou; (8) Cook Anthony Carminati; (9) Inmate Grievance Program Supervisor Cory Proscia; (10) Head Chaplin Ogbonna Stainislaus; (11) Nurse Kathleen Buttles; (12) Correctional Officer William Elberth; (13) C.O. Edmund Puerschner; (14) C.O. Timothy Doeinck; (15) C.O. Officer Kinne; (16) C.O. Ryan Southard; (17) C.O. Paul Holland;
3 If Plaintiff would like copies of these discovery requests before receiving the responses and does not have access to the website, Plaintiff may request them from the court’s Pro Se Intake Unit. (18) C.O. Steve Ryder; (19) C.O. George Gilmour, Sr.; and (20) Hearing Officer Morrow; complete the USM-285 forms with the addresses for each of these defendants, and deliver all documents necessary to effect service on each of these defendants to the U.S. Marshals Service. The Clerk of Court is kindly instructed to mail a copy of this Order and an information package to pro se Plaintiff at Plaintiff’s address listed on ECF and to show service on the docket. SO ORDERED. Dated: February 27, 2023 White Plains, New York NELSON S.ROMAN United States District Judge
DEFENDANTS AND SERVICE ADDRESSES Superintendent William Keyser Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Deputy Superintendent of Security Gary Sipple Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Captain Kenneth Letus Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Sergeant Lisa Wilson Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Sergeant Ronald Miller Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Food Services Administrator Anthony Rizzuto Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Head Cook John Papavasilou Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Cook Anthony Carminati Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Inmate Grievance Program Supervisor Cory Proscia Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Head Chaplin Ogbonna Stainislaus Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Nurse Kathleen Buttles Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 C.O. William Elberth Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 C.O. Edmund Puerschner Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 C.O. Timothy Doeinck Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 C.O. Officer Kinne Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 C.O. Ryan Southard Sullivan Correctional Facility 6 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 C.O. Paul Holland Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 C.O. Steve Ryder Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 C.O. George Gilmour, Sr. Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116 Hearing Officer Morrow Sullivan Correctional Facility 325 Riverside Drive P.O Box 116 Fallsburg, N.Y. 12733-0116